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Terms of service

OVERVIEW

This website is operated by BECAUSE ART MATTERS. Throughout the site, the terms “we”, “us” and “our” refer to BECAUSE ART MATTERS. BECAUSE ART MATTERS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our original artworks, prints, and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or artworks for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and artworks are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - ARTWORKS, PRODUCTS AND SALES POLICY

  1. All Sales Are Final: Due to the unique, exclusive, and delicate nature of original fine art, sculptures, and limited edition prints, all sales are final. We do not accept returns, refunds, or exchanges once an order has been confirmed, except in the specific event that an item arrives damaged during transit (as detailed in Section 6).

  2. Artwork Accuracy & Colors: We have made every effort to display as accurately as possible the colors, textures, and details of the artworks appearing in our store. However, we cannot guarantee that your computer monitor or device display of any color will be completely accurate.

  3. Intellectual Property & Copyright: Purchase of any artwork grants the customer physical ownership of the piece only. It does not convey any copyright, reproduction, or commercial exploitation rights. All copyrights remain strictly with the respective artist and BECAUSE ART MATTERS.

  4. Certificates of Authenticity: Where specified, original artworks and limited editions will be accompanied by a Certificate of Authenticity issued by BECAUSE ART MATTERS or the artist.

SECTION 6 - ORDERS, SHIPPING & DAMAGE IN TRANSIT

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

  • Damaged Deliveries: In the unlikely event that an artwork arrives damaged, you must inspect the shipment upon arrival and notify us at info@becauseartmatters.com within 48 hours of delivery.

  • Your notification must include detailed photographs of both the exterior packaging and the damaged artwork. Failure to report damages within this 48-hour window will void any transit insurance claim or replacement eligibility.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, shipping address, and payment details, so that we can complete your transactions and contact you as needed.

SECTION 8 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide you with access to third-party tools or direct you to third-party websites (such as payment gateways or shipping carriers) over which we neither monitor nor have any control.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully the third-party's policies before engaging in any transaction.

SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you send creative ideas, suggestions, proposals, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, and distribute them in any medium. We are under no obligation to maintain any comments in confidence or to pay compensation for any comments.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for full details on how we protect and process your data.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any international or national laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to submit false or misleading information; or (e) to upload viruses or malicious code.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.

In no case shall BECAUSE ART MATTERS, our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including lost profits or replacement costs, arising from your use of any service or product procured using the service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless BECAUSE ART MATTERS and our partners, officers, directors, agents, contractors, licensors, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

SECTION 16 - GOVERNING LAW & JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Portugal. Any legal dispute arising from or related to the use of this website or purchases made shall be subject to the exclusive jurisdiction of the courts of Portugal.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@becauseartmatters.com.